THE European Commission is considering taking Ireland to court over its current legal campaign against Sellafield.
In a reply to a question from MEP Proinsias De Rossa, the commission last month said Ireland may have breached European law by taking two international legal actions against Sellafield.
Ireland currently has two separate cases underway against Britain over the commissioning of the mixed oxide fuel (MOX) plant at Sellafield ? at a UN tribunal on the law of the Sea (UNCLOS), and under the Ospar convention which regulates pollution in the north Atlantic.
Last month, the European commission wrote to the government seeking detailed information on the cases.
In its response to De Rossa, the commission complained that Ireland had not made any attempt to use European procedures. "Moreover, the commission would like to recall that according to Article 292 of the EC treaty, questions relating to the interpretation or application of community law must not be submitted to means of dispute settlement other than those foreseen in the treaty [the European Commission and the European Court of Justice]", the reply stated.
"The Commission is currently also examining this aspect of the disputes, including the question of whether to institute proceedings under Article 226 of the EC Treaty." This move would result in the commission taking Ireland to the European Courts.
A spokesman for the Department of the Environment confirmed it had received a request for information from the commission, the first step in a possible court action.
"The government will respond to the commission within the set timeframe, " he said.